Слике страница
PDF
ePub

is punishable by imprisonment in the state prison, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both.

1.

History: Enacted by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 449, act held unconstitutional, see history, § 171a, ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 758; amended March 11, 1909, Stats. and Amdts. 1909, p. 297.

[blocks in formation]

constitute abandonment of child by father, there must be actual desertion, accompanied with intention to entirely sever, so far as it is possible to determine, parental relation, and throw off all obligations growing

out of same. The act of desertion and attempt to throw off all parental obligation are necessary component parts of offense.Gay v. State, 105 Ga. 599, 603, 70 Am. St. Rep. 68, 71, 31 S. E. 569.

§ 272. PERSON SELLING, APPRENTICING, ETC., CHILDREN. Any person, whether as parent, relative, guardian, employer, or otherwise, having the care, custody, or control of any child under the age of sixteen years, who [1] exhibits, uses, or employs, or in any manner, or under any pretense sells, apprentices, gives away, lets out, or disposes of any such child to any person, under any name, title, or pretense, for or in any business, exhibition, or vocation, injurious to the health or dangerous to the life or limb of such child, or [2] in or for the vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, acrobat, contortionist, or rider, in any place whatsoever, or [3] for or in any obscene, indecent or immoral purposes, exhibition, or practice whatsoever, or [4] for or in any mendicant or wandering business whatsoever, or [5] who causes, procures, or encourages such child to engage therein, is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment.

[Exception as to churches, schools, etc.] Nothing in this section contained applies to or affects the employment or use of any such child, as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music; or the employment of any child as a musician at any concert or other musical entertainment, on the written consent of the mayor of the city or president of the board of trustees of the city or town where such concert or entertainment takes place.

History: Enacted March 3, 1876, Code Amdts. 1875-6, p. 110; by
Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 449,
act held unconstitutional, see history, § 5, ante; amendment re-enacted
March 22, 1905, Stats. and Amdts. 1905, p. 759.

[blocks in formation]

§ 273. PERSON RECEIVING, HIRING, ETC., CHILDREN. Every person who takes, receives, hires, employs, uses, exhibits, or has in custody, any child under the age, and for any of the purposes mentioned in the preceding section, is guilty of a like offense, and punishable by a like punishment as therein provided.

History: Enacted by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 171a, ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 759.

Note: March 7, 1905, (Stats. and Amdts. 1905, p. 74), an act was passed adding a new section to this code and numbering it § 273; this latter section was repealed and re-enacted by the legislature of 1907, see, post, § 273f.

RECEIVING, HIRING, ETC., CHILDREN. 1. Constitutionality.

2. Competency of legislature to provide regulation.

1. Constitutionality. This section is not unconstitutional in discriminating against children under sixteen years of age, in favor of those over such age, nor is it objectionable, as making unfair discrimination in favor of employment of children as singers

or musicians in churches, schools, or academies.-Ex parte Weber, 149 Cal. 392, 86 Pac. 809.

2. Competent for legislature to provide regulations for the protection of children of immature years, and the legislative judgment in regard to the proper age at which such regulation shall become applicable to the child is conclusive.-Ex parte Spencer, supra.

§ 273a. UNJUSTIFIABLE PUNISHMENT CAUSING CHILD TO SUFFER. Any person who wilfully causes or permits any child to suffer, or who inflicts thereon unjustifiable physical pain or mental suffering, and whoever, having the care or custody of any child, causes or permits the life or limb of such child to be endangered, or the health of such child to be injured, and any person who wilfully causes or permits such child to be placed in such situation that its life or limb may be endangered, or its health likely to be injured, is guilty of a misdemeanor.

History:

Enacted by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 759.

UNJUSTIFIABLE PUNISHMENT OF

CHILD.

1. Head of asylum-Liable for neglect. 2. Misdemeanor-What constitutes.

1. Head of asylum-Liable for neglect.— One who has actual charge of asylum for children is liable criminally for neglect of child in asylum.-Cowley v. People, 83 N. Y. 464, 38 Am. Rep. 464, 465, 466.

2.

Misdemeanor

[ocr errors]

What constitutes.One having the care or custody of any child, who wilfully causes or permits its life to be endangered, or its health to be injured, or allows it to be placed in such situation that its life may be endangered, or its health likely to be injured, is guilty of a misdemeanor.-Gay v. State, 105 Ga. 599, 603, 70 Am. St. Rep. 68, 71, 31 S. E. 569.

§ 273b. CHILD NOT TO BE CONFINED. No child under the age of sixteen years must [shall] be placed in any prison, or place of confinement, or in any courtroom, or in any vehicle for transportation to any place, in company with adults charged with or convicted of crime, except in the presence of a proper official.

History: Enacted by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 760.

§ 273c. FINES, HOW APPROPRIATED. All fines, penalties, and forfeitures imposed and collected under the provisions of the five preceding sections, or under the provisions of any law relating to, or affecting, children, in

every case where the prosecution is instituted or conducted by a society incorporated under the laws of this state for the prevention of cruelty to children, inure to such society in aid of the purposes for which it is incorporated.

History: Enacted by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts: 1905, p. 760.

§ 273d. COURT MAY COMMIT CHILD TO CHARITABLE INSTITUTION. When, upon examination before a court or magistrate, it appears that any child under the age of sixteen years has been found [1] begging, whether actually begging or under the pretext of selling anything, or [2] wandering and not having any settled place or abode, or proper guardianship, or visible means of subsistence; or [3] destitute, or [4] frequenting the company of reputed thieves, or prostitutes [,] or houses of prostitution or assignation, dance houses, concert saloons, theaters, or places where spirituous liquors are sold; or [5] engaged in any business, exhibition, or vocation mentioned in section two hundred and seventy-two; or [6] in the custody of any person convicted of a criminal assault upon it; the court or magistrate may, when it deems it expedient for the welfare of such child, commit it to an orphan asylum, society for the prevention of cruelty to children, or other charitable institution, or make such other disposition thereof as now is or may hereafter be provided by law in cases of vagrant, truant, disorderly, pauper, or destitute children.

History: Enacted by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 760.

§ 273e. MINOR NOT TO DELIVER MESSAGES, ETC., TO CERTAIN PLACES. Every telephone, special delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor.

History: Enacted by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 450, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 760.

§ 273f. SENDING CHILDREN TO IMMORAL PLACES. Any person, whether as parent, guardian, employer, or otherwise, and any firm or corporation, who[,] as employer or otherwise, shall send, direct, or cause to be sent or directed[,] to any saloon, gambling house, house of prostitution, or other immoral place, any minor under the age of eighteen [years], is guilty of a misdemeanor.

1.

History: Enacted March 7, 1905 (Stats. and Amdts. 1905, p. 74), as
an addition to this code and numbered § 273; repealed March 18, 1907
(Stats, and Amdts. 1907), and re-enacted as § 273f, Stats. and Amdts.
1907, p. 566, Kerr's Stats. and Amdts. 1906-7, p. 524.
Saloonkeeper sending son into his

above
denounced by
saloon to work therein commits the offense Guisti, Cal. App. —,

section. Figone V. 185 Pac. 694.

§ 273g. IMMORAL PRACTICES IN PRESENCE OF CHILDREN. Any person who in the presence of any child indulges in any degrading, lewd immoral or vicious habits or practices, or who is habitually drunk in the presence of any child in his care, custody or control, is guilty of a misdemeanor History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 756, Kerr's Stats. and Amdts. 1906-7, p. 524.

§ 273h. PERSON CONVICTED MAY BE COMPELLED TO WORK ON ROADS. In all prosecutions under the provisions of either section two hundred and seventy or section two hundred and seventy a, or section two hundred and seventy b, or section two hundred and seventy-one, or section two hundred and seventy-one a of this code where a conviction is had and sentence of imprisonment in the county jail is imposed, the court may direct that the person so convicted shall be compelled to work upon the public roads or highways, or any other public work, in the county where such conviction is had, during the term of such sentence. And it shall be the duty of the board of supervisors of the county where such conviction and sentence are had, and where such work is performed by a person under sentence to the county jail, to allow and order the payment out of any fund available to the wife, or to the guardian, or to the custodian of a child or children, or to an organization, or to an individual appointed by the court as trustee, at the end of each calendar month, for the support of such wife, child or children, a sum not to exceed one and fifty one-hundredths dollars for each day's work of such person.

History: Enacted April 6, 1911, Stats. and Amdts. 1911, p. 688.

CHAPTER III.
ABORTIONS.

§ 274. Administering drugs, etc., with intent § 275. Submitting to an attempt to produce to produce miscarriage. miscarriage.

§ 274. ADMINISTERING DRUGS, ETC., WITH INTENT TO PRODUCE MISCARRIAGE. Every person who provides, supplies, or administers to any pregnant woman, or procures any such woman to take any medicine, drug, or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, is punishable by imprisonment in the state prison not less than two nor more than five years.

History: Enacted February 14, 1872, founded on § 1, Act May 20,
1861, Stats. 1861, p. 588.

ABORTION-FURNISHING OR ADMINIS-
TERING DRUGS.

1. Absolute knowledge of pregnancy-
Unnecessary to criminality.

2. Business of procuring abortions-Evidence.

3. Criminality of furnishing drugs to

[blocks in formation]

5. Same-Competent evidence as to preg

nancy.

6. Same-Corroboration of woman's testimony-Accomplice.

7. Same Same-As to methods employed. 8. Same-Same-Necessary when, and as to what.

9. Same-Evidence of defendant's paternity of child.

10. Same Same-Production of child before jury.

11. Same-Same-Statements of defend

ant.

12, 13. Indictment or information-Sufficiency of.

14. Marriage of woman after pregnancyAs affecting her competency as a witness.

15. Subsequent pregnancy-Setting aside verdict of conviction.

16. Verdict of manslaughter.

1. Absolute knowledge of pregnancy— Unnecessary to criminality.-It is held that absolute knowledge of pregnancy is unnecessary to the commission of the offense, and that a suspicion only is sufficient to meet the requirement of the statute, that the medicine was furnished with the intent to cause a miscarriage by a pregnant woman. -People v. Richardson, 161 Cal. 558, 120 Pac. 20.

2. Business of procuring abortions—Evidence. If one advertises his name, and puts thereafter, "Magnetic treatment; female irregularities a specialty. Appointments by mail," and gives his business address, cards showing this are admissible in evidence in prosecution for unlawful attempt to procure miscarriage of woman, thereby causing her death, as tending to show that such person held himself out as one whose business it was to procure abortions.-Commonwealth v. Barrows, 176 Mass. 17, 18, 79 Am. St. Rep. 296, 297, 56 N. E. 830.

As to evidence in abortion cases, see pars. 4-11, this note.

3. Criminality of furnishing drugs to woman.-One who furnishes drug to woman, and urges and directs her to take it for express purpose of producing abortion, and she accordingly takes it, this is knowingly using and causing to be used by him a means for purpose of unlawfully causing miscarriage and abortion, and is directly and distinctly within words and intention of statute; and defendant can not insist that his conduct amounted only to soliciting her to do act herself.-Jones v. State, 70 Md. 326, 14 Am. St. Rep. 362, 363, 17 Atl. 89.

4. Evidence Burden of establishing abortion rests on whom.-There is wide divergence upon question as to whether, under statute like this section, burden of establishing that abortion was actually necessary is affirmative defense, or whether proposition is to be negatived in first instance by prosecution. But, conceding that it was for prosecution to establish fact that operation was not necessary to preserve life of pregnant woman, that was sufficiently done in this instance.-People v. Balkwell, 143 Cal. 259, 261, 76 Pac. 1017.

[ocr errors][merged small]

witness, on whom offense is alleged to have been committed, not only fact that she was pregnant, but also all circumstances tending to show that condition.-People v. Josselyn, 39 Cal. 393, 399.

As to marriage of woman after pregnancy as affecting her competency as a witness, see par. 14, this note.

6. Same-Corroboration of woman's testimony-Accomplice.-In Iowa, and in some other states, courts have held that woman upon whom abortion was produced is not an accomplice, and that corroboration of her evidence is not required to sustain conviction.-State v. Smith, 99 Iowa 26, 34, 61 Am. St. Rep. 219, 225, 68 N. W. 428.

7. Same - Same-As to methods employed. In prosecution for attempt to produce abortion, it is not essential that testimony of woman on whom attempt to produce crime was made shall be corroborated in respect to particular method to which she testifies as having been employed to produce abortion, but it will be sufficient if she is corroborated by other testimony, tending to show attempt by defendant to produce abortion in any manner.-People v. Josselyn, 39 Cal. 393, 400.

8. Same-Same-Necessary when, and as to what.-In prosecution for attempt to produce abortion, if only evidence is testimony of woman on whom offense is alleged to have been committed, such testimony must be corroborated in respect to some of material facts constituting elements of the crime. People v. Josselyn, 39 Cal. 393, 397. 9. Same-Evidence defendant's paternity of child. Such evidence was admissible as tending to show inducement, and where the prosecuting witness was allowed to testify that at the time conception must have taken place, in the course of nature, she was not having sexual intercourse with any other man, it was not prejudicial to allow her to testify, in answer to a direct question, that the defendant was the father of the child.People v. Richardson, 161 Cal. 561, 120 Pac. 20.

10. Same Same - Production of child before the jury.-It was held proper to allow the prosecuting witness to bring the child with her when she took the witness stand, so that the jury might see and compare its appearance with that of the defendant in determining its paternity, and as corroborative evidence of testimony that it was born fully matured and perfect.-People v. Richardson, 161 Cal. 561, 120 Pac. 20.

[blocks in formation]
« ПретходнаНастави »